The Growing Tendency of Including Investment Chapters in PTAs

Publikation: Bidrag til tidsskriftTidsskriftartikelfagfællebedømt

Standard

The Growing Tendency of Including Investment Chapters in PTAs. / Usynin, Maxim; Gáspár-Szilágyi, Szilárd.

I: Netherlands Yearbook of International Law, Bind 48, 2018, s. 267-304.

Publikation: Bidrag til tidsskriftTidsskriftartikelfagfællebedømt

Harvard

Usynin, M & Gáspár-Szilágyi, S 2018, 'The Growing Tendency of Including Investment Chapters in PTAs', Netherlands Yearbook of International Law, bind 48, s. 267-304. https://doi.org/10.1007/978-94-6265-243-9_9

APA

Usynin, M., & Gáspár-Szilágyi, S. (2018). The Growing Tendency of Including Investment Chapters in PTAs. Netherlands Yearbook of International Law, 48, 267-304. https://doi.org/10.1007/978-94-6265-243-9_9

Vancouver

Usynin M, Gáspár-Szilágyi S. The Growing Tendency of Including Investment Chapters in PTAs. Netherlands Yearbook of International Law. 2018;48:267-304. https://doi.org/10.1007/978-94-6265-243-9_9

Author

Usynin, Maxim ; Gáspár-Szilágyi, Szilárd. / The Growing Tendency of Including Investment Chapters in PTAs. I: Netherlands Yearbook of International Law. 2018 ; Bind 48. s. 267-304.

Bibtex

@article{c45bbc2df9b449d5baaf9c7cefe6e765,
title = "The Growing Tendency of Including Investment Chapters in PTAs",
abstract = "In the context of a rising number of preferential trade agreements (PTAs) that include investment protection provisions traditionally found in bilateral investment treaties (BITs), this chapter has a double purpose. First, based on an empirical analysis of 158 post-North American Free Trade Agreement (NAFTA) PTAs, we conclude that three categories of countries/regional economic integration organisations (REIOs) exist: those that regularly include investment chapters into their PTAs (Japan, the United States, Canada, the Association of Southeast Asian Nations (ASEAN), Australia and the Caribbean Community (CARICOM)), those that are finding their voice in international investment law and increasingly include such chapters (India, China, the European Union and Chile) and those that have an adverse position towards it (Brazil and the Southern Common Market (MERCOSUR)) or defer the inclusion of such provisions to further negotiations (African Plurilateralism, Morocco and South Africa). Second, we look at the drivers behind including/ excluding investment protection provisions in/from PTAs. Some drivers will be readily apparent from the data collected for the purpose of answering the first question, while other drivers will need a more detailed discussion. These drivers are: (a) the weaker party accepts/uses templates of more powerful states; (b) states/REIOs wish to pursue more comprehensive and resource-friendly negotiations; (c) states/REIOs want to achieve a more coherent application of international economic law.",
keywords = "Faculty of Law, Preferential trade agreements, Investment chapters, ISDS, Global and regional trends, Drivers, Coherency, PTA templates",
author = "Maxim Usynin and Szil{\'a}rd G{\'a}sp{\'a}r-Szil{\'a}gyi",
year = "2018",
doi = "10.1007/978-94-6265-243-9_9",
language = "English",
volume = "48",
pages = "267--304",
journal = "Netherlands Yearbook of International Law",
issn = "0167-6768",
publisher = "T. M. C. Asser Press",

}

RIS

TY - JOUR

T1 - The Growing Tendency of Including Investment Chapters in PTAs

AU - Usynin, Maxim

AU - Gáspár-Szilágyi, Szilárd

PY - 2018

Y1 - 2018

N2 - In the context of a rising number of preferential trade agreements (PTAs) that include investment protection provisions traditionally found in bilateral investment treaties (BITs), this chapter has a double purpose. First, based on an empirical analysis of 158 post-North American Free Trade Agreement (NAFTA) PTAs, we conclude that three categories of countries/regional economic integration organisations (REIOs) exist: those that regularly include investment chapters into their PTAs (Japan, the United States, Canada, the Association of Southeast Asian Nations (ASEAN), Australia and the Caribbean Community (CARICOM)), those that are finding their voice in international investment law and increasingly include such chapters (India, China, the European Union and Chile) and those that have an adverse position towards it (Brazil and the Southern Common Market (MERCOSUR)) or defer the inclusion of such provisions to further negotiations (African Plurilateralism, Morocco and South Africa). Second, we look at the drivers behind including/ excluding investment protection provisions in/from PTAs. Some drivers will be readily apparent from the data collected for the purpose of answering the first question, while other drivers will need a more detailed discussion. These drivers are: (a) the weaker party accepts/uses templates of more powerful states; (b) states/REIOs wish to pursue more comprehensive and resource-friendly negotiations; (c) states/REIOs want to achieve a more coherent application of international economic law.

AB - In the context of a rising number of preferential trade agreements (PTAs) that include investment protection provisions traditionally found in bilateral investment treaties (BITs), this chapter has a double purpose. First, based on an empirical analysis of 158 post-North American Free Trade Agreement (NAFTA) PTAs, we conclude that three categories of countries/regional economic integration organisations (REIOs) exist: those that regularly include investment chapters into their PTAs (Japan, the United States, Canada, the Association of Southeast Asian Nations (ASEAN), Australia and the Caribbean Community (CARICOM)), those that are finding their voice in international investment law and increasingly include such chapters (India, China, the European Union and Chile) and those that have an adverse position towards it (Brazil and the Southern Common Market (MERCOSUR)) or defer the inclusion of such provisions to further negotiations (African Plurilateralism, Morocco and South Africa). Second, we look at the drivers behind including/ excluding investment protection provisions in/from PTAs. Some drivers will be readily apparent from the data collected for the purpose of answering the first question, while other drivers will need a more detailed discussion. These drivers are: (a) the weaker party accepts/uses templates of more powerful states; (b) states/REIOs wish to pursue more comprehensive and resource-friendly negotiations; (c) states/REIOs want to achieve a more coherent application of international economic law.

KW - Faculty of Law

KW - Preferential trade agreements

KW - Investment chapters

KW - ISDS

KW - Global and regional trends

KW - Drivers

KW - Coherency

KW - PTA templates

UR - https://ssrn.com/abstract=3456854

U2 - 10.1007/978-94-6265-243-9_9

DO - 10.1007/978-94-6265-243-9_9

M3 - Journal article

VL - 48

SP - 267

EP - 304

JO - Netherlands Yearbook of International Law

JF - Netherlands Yearbook of International Law

SN - 0167-6768

ER -

ID: 233800401